LRB-5548/1
PEN:skg&mkd:km
1995 - 1996 LEGISLATURE
March 14, 1996 - Introduced by Representatives Nass, Musser, Lorge, F. Lasee,
Zukowski, Ward, Handrick, Turner, Gunderson, Gard, Ainsworth, Brancel
and Kreibich, cosponsored by Senators Zien, Welch, Moore, Drzewiecki, A.
Lasee, Farrow, Schultz, Darling, Petak and Fitzgerald. Referred to
Committee on Highways and Transportation.
AB1032,1,3
1An Act to amend 342.30 (4) (a); and
to create 342.30 (4) (d) of the statutes;
2relating to: vehicles or vehicle parts having an altered or obliterated vehicle
3identification number.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement officer may seize a vehicle or vehicle part
(vehicle) having a vehicle identification number (VIN) that has been altered or
obliterated. If the VIN cannot be identified, the seized vehicle is presumed to be
contraband and a person must prove ownership to reclaim the property. If the VIN
can be identified, the vehicle may be returned to its owner or may be retained as
seized property. Any seized vehicle is subject to forfeiture in the same manner as
stolen property, except that, if a criminal action is commenced in the matter, the
forfeiture action may not commence until after a final determination is reached in
the criminal action.
Under this bill, a law enforcement officer may not seize a vehicle that has an
altered or obliterated VIN unless the officer has a reasonable basis to believe that
the VIN was altered or obliterated with the intention to deceive another, and to
induce such other person, in reliance upon such deception, to transfer, alter or
terminate a right or obligation with respect to the property. The bill requires the
custodian of a seized motorcycle or motorcycle part whose VIN can be identified to
immediately return the motorcycle or motorcycle part to its registered owner if no
forfeiture action is commenced within 30 days after the motorcycle or motorcycle part
is seized.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1032, s. 1
1Section
1. 342.30 (4) (a) of the statutes is amended to read:
AB1032,2,122
342.30
(4) (a) If a law enforcement agency finds a vehicle or part of a vehicle
3on which the identification number has been removed, altered or obliterated or made
4impossible to read,
and if the law enforcement agency has probable cause to believe
5that the identification number was altered, obliterated or made impossible to read
6with intent to defraud, the law enforcement agency may seize the vehicle or part of
7a vehicle. If the identification number cannot be identified, the seized vehicle or
8vehicle part is presumed to be contraband.
If Except as provided in par. (d), if the
9identification number can be identified, the agency may return the vehicle to the
10registered owner. Except as provided in par. (b), the district attorney shall institute
11forfeiture proceedings under s. 973.076 regarding any vehicle or vehicle part that is
12seized under this paragraph and not returned to the owner.
AB1032, s. 2
13Section
2. 342.30 (4) (d) of the statutes is created to read:
AB1032,2,1814
342.30
(4) (d) If the identification number of a motorcycle or part of a motorcycle
15seized under par. (a) can be identified and if no forfeiture proceeding is commenced
16under s. 973.076 within 30 days after the seizure of the property, the custodian of the
17seized property shall immediately return the seized property to the owner named in
18the certificate of title or registration.
